Interview with Paul David

It was in the early 1990s when Auckland barrister Paul David wrote an article for the New Zealand Law Review entitled “Sport and the Law – A new field for lawyers?” Mr David has always had an interest in the role of law in sport, away from his traditional area as…

We're sorry, you can't do that

Maria Clarke walked up to the Otago University enrolment desk in the late 1980s with the intention of combining physical education with a law degree, much to the university official’s bemusement. “‘We’re sorry, but we can’t do that and anyway why would you?’ That’s the reply I got. Of course, now…

Managing sporting stars

“The perception of a sports agent is usually resigned to what depictions are seen on television and in film, and to be honest if I wasn’t in the sports industry I would probably hold those same views,” says Warren Alcock. Warren is regarded as the country’s premier sports agent and when…

From the Law Society

As a general rule, when writing a column such as this, I try to limit my comments to three issues. However, there is a series of initiatives on which I would like the New Zealand Law Society to concentrate so I will deviate from this rule. First, we need to look…

Legal Executives: a 50 year success story

On 28 December 1965 The New Zealand Herald ran a story that the Auckland District Law Society (ADLS) had begun a “new scheme” to train people for a new career opening to work in law firms as legal executives.  The article reports that in times past there had been a supply…

Serving documents by Facebook

Although appellate authority is – understandably – thin on the ground, the position that emerges from recent cases in New Zealand, the United Kingdom and Australia is that posting a message on a user’s Facebook page may be an acceptable method of substituted service provided the page is that of…

Trust account funds

In this article I wish to cover several issues that have been the source of recent inquiries. Closing a lawyer’s trust account Whether closing a practice with a trust account or just the closing the trust account, it is important that the lawyer undertakes several key steps in order to comply with…

Trans-Tasman proceedings

Until recently, dealing with civil proceedings which had a trans-Tasman element to them was cumbersome. On 13 October 2013, the Trans-Tasman Proceedings Act 2010 (TTPA) came into force. Along with an Australian act with the same name, it has greatly simplified this process. The TTPA arises out of the Trans-Tasman Agreement…

Facilitating a more proportionate and cost effective discovery process

The exponential growth in the volumes and sources of electronic information adds complexities to the legal process that challenge traditional practices. As the document volumes increase (which is happening in every matter), then so too will the challenges and costs of managing the information. Compounding these challenges are greater pressures from…

The importance of identifying Ernest

Welcome back to this, the first litigation column for 2014. With the label of global “rock star economy” being thrown about in New Zealand like underwear at a Neil Diamond concert, many in the field of civil litigation in particular may start to see their practice change focus, away from…

Everyday mindfulness made easy

Let’s take a minute to think back on the memories of our life. I can be pretty certain that the ones that come to the front are the ones in which you were fully engaged in something, be that playing with your children, your wedding day or graduating. It is…

New projects add to legal thinking

As we start 2014 the Law Foundation looks forward to outputs from an exciting range of projects it supports that are due for completion this year. I’m confident that these projects will make an excellent contribution to public policy and legal institutional and professional development in New Zealand. As usual, our…

People in the Law

District Court Judge Susan Thomas has been appointed a High Court Judge and will sit in Auckland. Justice Thomas was sworn in on 31 January in Christchurch. Justice Thomas graduated with a BA and LLB (Hons) from Auckland University in 1982 and joined Auckland firm Holden Horrocks as a solicitor.…

Sisters win PhD scholarships

Two Northland sisters – Season-Mary Downs and Willow Jean Prime – are the recipients of the inaugural Centre for Indigenous and Māori Governance PhD scholarships. The scholarships have been provided through a decision by Waikato University to allocate scholarships to each of the Research Institutes within the university. Both the inaugural…

QC applications open today

Applications for appointment as Queen’s Counsel opened today, 14 February. Applications using the application form should be sent electronically to the Solicitor‑General no later than 14 March. The Solicitor-General will consult with the New Zealand Law Society and the New Zealand Bar Association regarding the candidates. Appointments of Queen’s Counsel are made by…

New Law Reform Committee deputy convenor

Wellington barrister Liesle Theron has been appointed deputy convenor of the New Zealand Law Society’s Law Reform Committee. Ms Theron, who was appointed to the committee in 2007, was attracted to serve on it as she saw it as an opportunity “to make a meaningful and concrete contribution”. “I think that…

Lawyers Complaints Service: Struck off for breaching undertaking and acting when conflicted

Christchurch lawyer Murray Ian Withers has been struck off for “serious misconduct” by the New Zealand Lawyers and Conveyancers Tribunal. Following a defended hearing on 8 and 9 July 2013, Mr Withers was found guilty of three charges in [2013] NZLCDT 39. In summary, the tribunal found that Mr Withers: had deliberately failed…

Lawyers Complaints Service: Leave to appeal strike off denied

The Court of Appeal has dismissed Barry John Hart’s application for special leave to appeal his strike off [2013] NZCA 673. The Lawyers and Conveyancers Disciplinary Tribunal ordered Mr Hart be struck off after it found him guilty on three charges (see LawTalk 805, 12 October 2012, p28). Mr Hart unsuccessfully appealed…

Lawyers Complaints Service: Censure for settling a dispute without the client’s consent

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has censured Auckland lawyer Grant Donald Richard Shand for settling a dispute without confirming his client’s instructions. The tribunal’s decision, [2013] NZLCDT 56, was given on 19 December 2013. The tribunal did not consider it necessary to suspend Mr Shand, however, despite the…